Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-01-08
IMFOR NATION
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OWNERS AND LOcATORS
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APPLICATION FOR PATENT,

APPLICATION FOR PATKsr.
Where papers have once been nled with the
Register snd Receiver they become q part of
the record, and can neither be withdrawn nor
returned, but must be transmitted to the Gen
oral Land ONCE.
An application win DO rejected when the
scrtption Of the premises 10 erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
notice was not published in q
claim.
Third-Record title was found defective,
Fourth--A previous application had been
made Tor the same PREMISES, which was with.
drawn pending q suit in Court commenced by
the adverse claimant,
An application for patent will bs reieotad
when the survey does not accurately define tbs
boundaries OF the claim.
where ths claim was not located In accord.
ance with law.
Where several parties own aanarsaa and Ala.
ttnct portions Of q claim, Application for
patent may De made by either for tna Of portion
OF the claim owned by him: but where soyersl
parties own undivided interests In Q mining
patent.
A person or association may purchase az
many placer locations ~ the locsl Law admits.
and embrace them all In one application for q
patent.
Two or mo-e lodes cannot In embraced In
one application for q patent except Tor placer
claims embracing two or more lodes within
their boundaries
Papers sworn 10 before any person purport-
ing TO act as . deputy for the Register and Re-
cetver cannot be recorded as evidence.
In all patents for mining claims situsted
within the interior boundaries Of q town site
Q clause IL inserted excepting and excluding
all town property, rights upon the surface.
and all houses. buildings, structures. lots
blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee here
in, and all rights necessary or proper to the
occupation, possession and enjoyment OF the
same"
Publication Of notice must be made a only
one newspaper for the period Of 81 days.
Notice must be published 10 consecutive
weeks In weekly newspapers. and In daily
frat ana last Insertions.
Where the Register d esignstes thedsiiy issue
OF Q newspaper for publication Of notices Of o
mining application for patent IL 10 not 9 COM
piiance WIFI law to change to the weekly edi-
tion OF the same psper without authority Of
the Register.
The existence of . salt spring on . tract Of
land withdrsws 1t from the operation Of the
homestead and ~pre,emption laws. A hearing
for the purpose OF proving the agricultural
character OF such land IL not allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADvkRsE CLAIMS.
Adverse claimants must ale 9 separate ana
distinct claim against each application which
II ia alleged conflicts with the PREMISES owned
by such adverse claimant.
The papers In an adverse claim, once filed.
cannot be withdrawn, but becom 90 . part of the
record.
When an adverse claim has been filed II can.
not be amended 30 as to embrace 4 larger per
non OF the premises than that described in the
original adverse claim.
An adverse claim must be made out in
proper form and flied In the proper local ofd ce
during the period Of publication OF the appli-
cation for the patent TO be effective.
II 10 the duty OF the adverse claimant o
suit In proper form within the re-
quired time, and IL he trusts the Uncertain
medium Of the United ststes mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. should
the failure TO commence suit be the result Of
the cor rupt or dishonest action of his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody-
ing conclusions Of law, without stating the
facts specially. will not he considered ia evt.
dence.
An adverse claimsn shouid show q compl.
ance with the local laws In recording his claim
and in regard to expenditures. and shall nIe a
copy Of the original notice OF his location. and
alleged.
An allegation of parties TO q suit that they
compose the company 10 sufficient, and they
are not required to prove that they are the
original ~locators or the Identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land IL OF little. II any value. for sgr..
cultural purposes. but fs essential TO the
proper development Of mining claims, II
should be- disposed Of under the Mining Act,
Where lands containing ~valusble mineral
deposits have been included In an agriculture al |
entry. said entry will be csrceled ., any time
prior to issuance OF patent, upon satisfactory
evidence Of the existence Of such valuable de-
posits.
Where valuable deposits Of mineral are dts.
covered upon 9 tract sfter the same sas been |
entered 40 ayr cultural, but before 1 Iteut has
been issued, the parties claiming thu mine
may make application for patent for same. |
and the agricultural entry viii be cancelled h
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has beer
issued to sn Agricultural claimant. tbsv Mas
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make . mining location
dispose OF 1t. provided he becomes q citizen
before disposing OF the mine. Proof that the
party was not 3 citizen before disposing OF his
claim must be afirmstively shown.
Locators and intermediate owners. other
IMAM applicants. will not be presumed aliens.
IN the absence Of allegation or objection prior
TO issuance OF patent.
the portion of q mining claim sold TO an
alien cannot be patented while such owner IL
an alien; but on his decIarationt O become Q
citzen his right dates back to his purchase,
aud he may thereupon secure United States
patent for his claim.
GROSS Lodges.
Revised Statutes. Section 2.3s6:
Where two or more lodges cross or intersect
each other, priority Of title shall govern, and
such prior location shall be entitled to all ore
or mineral contained within the space of inter-
section, but the subsequent location shall have
the right OF way through the space Of inter-
section for the purpose of the convenient
WORKING OF the mine. And where two or more
veins unite the Oldest or prior location shall
take the vein below the point Of union, In.
Guiding sli the space Of intersection.
There Ia no authority of law for o tunnel
iocsuon 5000 BY ! 500 feet. A proper location
a n n -